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BARFIELD v. MATOS

No. COA10-1090.

714 S.E.2d 812 (2011)

Gene A. BARFIELD and wife, Judy S. Barfield; Steven Douglas Moss and wife, Luann Penninger Moss; Johnathan Edward Hardison and wife, Pamela B. Hardison; and William R. Cochran and wife, Vikki S. Cochran, Plaintiffs, v. Eliezer Marty MATOS, Defendant/Third-Party Plaintiff, v. Coy L. McManus and wife, Margaret C. McManus; The Revocable Trust of Coy L. McManus, as Amended; The Revocable Trust of Margaret C. McManus, as Amended; Scott Whittle and wife, Elisabeth R. Whittle; and Paul Gavrilyuk and Wife, Alena I. Gavrilyuk, Third-Party Defendants.

Court of Appeals of North Carolina.

August 16, 2011.

Attorney(s) appearing for the Case

Bernhardt & Strawser, P.A., by Scott I. Perle and Griffin, Brunson & Wood, L.L.P., Charlotte, by N. Deane Brunson , for plaintiff appellees.

Johnston, Allison & Hord, P.A., Charlotte, by Patrick E. Kelly and Kathleen K. Lucchesi , for defendant/third-party plaintiff appellant.

Ferguson, Scarbrough, Hayes, Hawkins & DeMay, P.A., Concord, by James E. Scarbrough , for third-party defendant appellees.

STROUD, Judge.

Third-party defendant appellees, the McManuses, argue that this case arises from "two unintentional errors" made "by four honest men: namely, McManus and his surveyor and Matos and his attorney." As a result of these unintentional errors, defendant/third-party plaintiff Eliezer Marty Matos ("Matos") purchased land which was subject to restrictive covenants without realizing that the land was restricted. This...

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